In France, close relatives can designate a lawyer for a person held in police custody. Counsel can go to the police station and ask to meet the person in custody for a confidential consultation (typically up to 30 minutes at that stage), and ensure that key rights are respected (access to a doctor, notification of rights, interpreter if needed).

Counsel can also learn the legal classification (the alleged offences) and the procedural framework, which helps assess how the custody may evolve. However, the defence generally does not have access to the case file during police custody, and information may be limited by the confidentiality of the investigation.

Note: Police custody is most often 24 hours, renewable (commonly up to 48 hours), but longer time-limits can apply in specific regimes (e.g., organised crime, drug trafficking, terrorism) depending on the allegations and authorisations.

The person in custody has the right to remain silent, to answer questions, or to make a statement. Because the defence usually does not have access to the full file at that stage, it can be difficult to evaluate what evidence the police already hold.

In practice, counsel will discuss options with the client based on what is known procedurally and on the client’s situation. The ultimate choice is the client’s, but it is common for lawyers to advise caution—often including the option of silence—when the evidential picture is unclear.

Several outcomes are possible, depending on the allegations and the evidence:

• Immediate trial (“comparution immédiate”) before the criminal court for certain offences.
• Alternative measures (warnings, diversion, settlement-type measures) in appropriate cases.
• Guilty-plea procedure (“CRPC”) where legally available and suitable.
• Judicial investigation (“instruction”) before an investigating judge for complex matters.
• Release pending further review, with a decision on prosecution taken later.
• No further action (“classement sans suite”), which may occur quickly or after months; it does not necessarily preclude a later re-opening if new elements arise.

Depending on the circumstances, it may be possible to consider steps relating to police records and the management of information held about the case (for example, requests concerning certain databases of criminal records or police intelligence).

The availability, timing and conditions depend on the legal basis for the records, the status of the case, and the grounds invoked. A lawyer can assess which requests are realistic and appropriate.

If an initial complaint does not lead to meaningful investigative steps, French law may allow a “complaint with civil-party application” (“plainte avec constitution de partie civile”) in certain situations. This mechanism can, in practice, trigger a judicial investigation by seising an investigating judge—subject to legal conditions and procedural requirements.

It often requires a deposit/consignation set by the court to ensure the complaint is not abusive. Whether this route is appropriate depends on the case and the available evidence, and it is typically handled by counsel.

Families can usually help with practical steps that materially improve daily life in custody:

• Send funds to the detainee’s account so they can buy essentials (“canteen”), including phone credits.
• Use the detainee’s prison registration number (often required) for correspondence and administrative steps.
• Arrange clothing deliveries in accordance with the prison’s rules (ordinary parcels are often not accepted).
• Apply for a visiting permit if you may visit in France.
• Ensure phone numbers are authorised so the detainee can call—international calls can be expensive, but authorisation can be crucial.
• Where needed, organise powers of attorney so relatives can handle urgent matters (banking, housing, administration).

Counsel can help coordinate these steps, liaise with prison administration where appropriate, and advise on conditions of detention, including legal options when conditions are unacceptable.

The maximum duration depends on several factors, including whether the case concerns a misdemeanour (“délit”) or a felony (“crime”), whether a judicial investigation is ongoing, and whether there are international elements that can extend certain time-limits.

Separate from statutory limits, court scheduling can be slow. Importantly, applications for release (“demande de mise en liberté”) can be filed at any time, and the litigation of liberty is a key part of criminal defence strategy.

If you want, we can also provide a short explanatory note on the current detention framework (misdemeanour vs felony, investigation phase, trial scheduling, appeals).

In the French system, an investigating judge leads the “instruction” for complex cases. The judge has significant powers and is expected to supervise the investigation both in favour and against the suspect (“à charge et à décharge”).

Defence counsel can play a central role: requesting investigative steps (“demandes d’actes”), raising procedural challenges (“nullities”), submitting written observations, and ensuring the file is examined strategically and thoroughly.

In many situations, yes. A lawyer can often represent you and handle procedural steps on your behalf, including correspondence with authorities and certain court hearings—subject to the nature of the proceedings and the court’s requirements. Some hearings (and some types of cases) make personal attendance highly advisable, but representation is frequently possible with an appropriate mandate.

Not necessarily. French law provides several mechanisms for sentence adjustment (“aménagement de peine”) depending on the sentence, the situation of the person, and legal eligibility. Options can include forms of community execution or structured regimes (e.g., semi-liberty, placement outside prison, electronic monitoring), among others.

The strategy depends on timing, the sentence imposed, the execution framework, and the person’s profile. Counsel can advise on the realistic options and prepare the relevant applications.